Software
License and Service Agreement
[Important
Notice]
[ShangHai Chunmi Electronics Technology
Co. Ltd] (hereinafter
referred to as " Chunmi ")
hereby reminds the user to carefully read and fully understand the Software
License and Service Agreement (this "Agreement"). The user shall carefully read and fully
understand the terms of this Agreement, in particular those relating to the
exemption or limitation of Chunmi liability, dispute resolution and applicable
laws. Your attention is drawn to the
terms relating to the exemption or limitation of liability, which have been
marked in bold. Please read carefully and choose to accept or not accept this
Agreement (a minor should be accompanied by his/her legal guardian while
reading this Agreement). By downloading, installing and using the software, as
well as obtaining and logging in your account, you agree to accept this
Agreement and to be fully bound by its terms.
Chunmi reserves the right to amend this
Agreement. Updated terms of this Agreement will be published on the official
website or software, and become effective from the date of publication. The
user can re-download and install the software or view the latest version of the
terms of this Agreement on the website. After
Chunmi has amended the terms of this Agreement, if you do not accept the
amended terms, please immediately discontinue using of the "MI
INDUCTION HEATING RICE COOKER" software and services provided by Chunmi;
the user's continued use of the "MI INDUCTION HEATING RICE COOKER" software and services provided by
Chunmi will be deemed acceptance of the amended terms of this Agreement.
1.1. This
Agreement is the agreement concluded by and between you (hereinafter referred
to as the "User") and Chunmi and its operation partner (hereinafter
referred to as the "Partner") concerning the User's downloading,
installation and use of the "MI INDUCTION HEATING RICE COOKER"
software (hereinafter referred to as the "Software") of Chunmi and
use of relevant services of Chunmi.
1.2. The Software
and services are provided by Chunmi for installation on (including but not
limited to) mobile smart terminal devices, to provide Chunmi services for the
User who uses the said smart terminal.
1.3. The ownership
and right-to-operate of the Software and services shall be vested in Chunmi.
2.1. Chunmi grants
the User a personal, non-transferable and non-exclusive license to use the
Software without the right to sublicense.
2.2. The User can
install, use, display and run the Software on a single mobile terminal device
for non-commercial purposes. However, the User shall not install, use or run
the Software for commercial operation purposes. The User shall not copy, alter
or modify any data of the Software, or any data released to the memory of any
terminal device during the running of the Software and the interactive data
generated between the client and the server during the running of the Software,
or run the Software with plug-ins, or create any derivative work in any form,
including but not limited to plug-ins, access to the Software and related
systems through unauthorized third-party tools/services. If you need to sell,
copy or distribute the Software commercially, e.g. software pre-installation
and bundling, you must obtain the written authorization and license from
Chunmi.
2.3. Without the
permission of Chunmi, the User shall not install the Software on other terminal
devices that are not expressly permitted by Chunmi, including but not limited
to set-top boxes, game consoles, televisions, DVD players and so on.
2.4. The User may
make a copy of the Software for the purpose of using the Software and services,
but it shall be used only as a backup. The backup copy must contain all the
copyright information contained in the original software.
2.5. Except as
expressly authorized by this Agreement, Chunmi does not grant other rights to
the User. If the User intends to use any other right, the written consent from
Chunmi shall be obtained in advance.
3.1. The User
shall download and install the Software from the website or in the manner
designated by Chunmi. Be aware not to download the Software on unspecified
websites, so as to prevent mobile devices from infecting malicious programs
that can destroy user data and acquire user privacy information. If you acquire
the Software or the installation program with the same name as the Software
from a third party that has not been authorized by Chunmi, Chunmi cannot
guarantee it will be used normally and Chunmi accepts no liability for any loss
thereby caused to you.
3.2. The User must
select the Software version that matches the terminal device installed.
Otherwise, any software problems, device problems or damages resulting from
mismatch between the Software version and the device model shall be solely
assumed by the User.
3.3. In order to
improve User experience and optimize service content, Chunmi reserves the right
to provide replaced, modified and upgraded version of the Software, and also
reserves the right to charge for such replacement, modification or upgrading,
but will obtain your consent in advance for such charges. The Software will
enable "upgrade prompt" feature by default for the User. Depending on
the Software version used by the User, Chunmi provides the User with the
discretion to or not to enable the said feature. After the new version of the
Software is released, Chunmi does not guarantee that older versions of the
Software will continue to be usable.
4.1.
The User may use the Software and services in accordance with this Agreement
and laws. The User shall not commit the following acts:
4.1.1. Delete any
copyright information on the Software and other copies, or modify, delete or
circumvent the technical measures set by the Software for the protection of
intellectual property rights;
4.1.2. Perform
reverse engineering of the Software, such as disassembly, decompilation or
other attempts to obtain the source code of the Software;
4.1.3. Add, remove
or change the features or running effects of the Software by modifying or
forging the instructions and data during the running of the Software, or
otherwise operate or disseminate to the public the software or methods used for
the purposes described above, whether or not for commercial purposes;
4.1.4. Use the
Software to commit any acts detrimental to network security, including but not
limited to: using unauthorized data or access to unauthorized servers/accounts;
unauthorized access to public networks or the operating system of others and
delete, modify or add any information stored; unauthorized attempts to detect,
scan or test the Software system or network weaknesses or do other things that
destruct network security; attempt to interfere with or destruct the normal
operation of the Software system or website, deliberately spread malicious
programs or viruses, or carry out other acts that destruct or interfere with
normal network information services; forge the name or partial names of TCP/IP
data packet;
4.1.5. The User
logs in or uses the Software and services through third party compatible
software or systems not developed, authorized or approved by Chunmi, or makes,
publishes or disseminates the above tools;
4.1.6. Without the
written consent of Chunmi, the User does anything on the Software or the
information contained therein, including but not limited to using, leasing,
lending, copying, modifying, setting up a link, reproducing, compiling,
releasing, publishing, establishing a mirror image website, or unauthorized use
of the Software to develop related derivative products, works, services,
plug-ins, compatibility or interconnection;
4.1.7. Use the
Software to publish, transmit, disseminate or store any content that violates
local laws and regulations;
4.1.8. Use the
Software to publish, transmit, disseminate or store any content that infringes
the legitimate rights such as intellectual property rights and trade secrets of
others;
4.1.9. Use the
Software to publish, transmit or disseminate advertising information or spam in
bulk;
4.1.10. Use the
Software and other services provided by Chunmi, in any unlawful manner, for any
unlawful purpose or in any manner inconsistent with the licensed usage under
this Agreement;
4.2. Information
Publication Specifications
4.2.1. You may use the Software to publish
information such as views, data, text, information, user names, pictures,
photos, personal information, audio or video files, links and so on that are
created by you or that you have the right to publish. You must guarantee that
you have the intellectual property rights or you have obtained the legal authorization
of the information uploaded by you, and that your use of the Software and
services does not infringe any legitimate rights or interest of any third
party.
4.2.2. While using the Software, you are
required to comply with local laws and
regulations.
4.2.3. You shall not use the Software to
commit the following acts, including but not limited to
4.2.3.1. Produce, reproduce, publish,
disseminate or store any of the following contents that violate local laws and
regulations;
4.2.3.2. Publish, transmit, disseminate or
store any content that infringes the legitimate rights such as reputation
right, portrait right, intellectual property rights and trade secrets of
others;
4.2.3.3. Make up the fact or conceal the
truth to mislead or deceive others;
4.2.3.4. Publish, transmit or disseminate
advertising information or spam;
4.2.3.5. Engage in other acts that violate local laws and regulations and so on.
4.2.4.
Without the permission of Chunmi, you shall not carry out any commercial
conduct in the Software, such as advertising, selling merchandise.
4.3
You understand and agree that:
4.3.1.
Chunmi will determine whether the User is suspected of violating the
above-mentioned usage specifications and, based on the result of such
determination, suspend or terminate the use license granted to you or take
other restrictive measures that may be taken in accordance with this Agreement;
4.3.2.
Chunmi will directly delete any information suspected of being unlawful or
infringing the legitimate rights of others or violating this Agreement, which
is published by the User during use of the licensed Software;
4.3.3.
If you violate the above-mentioned usage specifications and thus cause damages
to third parties, you need to assume the liability in your own name
independently and to hold Chunmi harmless from and against any loss or expense
arising therefrom;
4.3.4.
The User shall indemnify and hold harmless Chunmi from and against any and all
losses, third-party claims, administrative penalties, damages and/or expenses,
including reasonable attorney fees, investigation and evidence collection
costs, incurred or suffered by Chunmi resulting from the User's violation of
relevant laws or breach of this Agreement.
5.1. It is
important for Chunmi to protect your personal data. In order to provide the
Software features and improve User experience, Chunmi will collect certain
types of data as written in our Privacy Policy, We collect, use and protect
your data in accordance with our Privacy
Policy. The Privacy Policy is available on the following website [https://privacy.joyami.com/mijia/pot/3L/hk_tw/privacy.html].
5.2.
We may from time to time share with Xiaomi the data related to Xiaomi / Mijia /
Mitu brands and services, in order to provide and improve the exciting products
and services (including software and hardware) from Xiaomi and Xiaomi
Ecological Chain, and offer better features and user experience.
6.1. The User must
procure the device required for Internet access and the usage of telecom
value-added services by the mobile terminal device, and bear the communication
fees, information fees and related costs incurred by Internet access of
personal mobile terminal device or charged by third parties (including but not
limited to telecommunications and mobile communication providers). If any
telecom value-added services are needed, you are advised to confirm the costs
with your telecom value-added service provider.
6.2.
Neither Chunmi nor its Partner is liable for any loss suffered by the User due
to reasons attributable to third parties such as communication line failure,
technical problem, network or mobile terminal device failure, system
instability and other various force majeure factors.
6.3.
The Software, like most other Internet software, may be affected by factors
including but not limited to user reasons, network service quality, social
environment differences, etc., and may also be subject to the harassment
relating to various security problems, such as the usage of data of the User by
others, resulting in harassment in real life; other software downloaded and
installed by the User or other websites visited by the User contain
"Trojan horse" and other viruses, threatening the security of the User's
terminal device information and data, and then affecting the normal use of the
Software. The User shall enhance the awareness of information security and user
data protection, and pay attention to strengthening password protection, so as
to avoid loss and harassment.
6.4.
When the User uses the Software or requests Chunmi to provide specific
services, the Software may call a third party system or software to support the
User's use or access. The results of the use or access will be provided by the
third party. Chunmi does not guarantee the safety, accuracy and effectiveness
of the results achieved through the support of the said system or software, nor
does Chunmi assume any other uncertain risks; if any dispute or damage is
caused thereof, Chunmi will not assume any liability.
6.5
Chunmi specifically draws the User's attention to that, in order to protect the
company's business development and adjustment autonomy, Chunmi has the right to
modify or suspend the services at any time without notice to the User and
without any liability to the User or any third party.
6.6.
Except as expressly provided in laws and regulations, we will do our utmost to
ensure that the Software and the technology and information involved are safe,
effective, accurate and reliable; however, subject to the existing technology,
the User understands that Chunmi cannot guarantee it.
6.7.
The User shall be solely liable for any personal injuries or incidental or
consequential damages, including but not limited to loss of profit, loss of
data, business interruption or other commercial damages arising out of or in
connection with: (1) the use or failure to use the licensed Software; (2)
unauthorized use of the Software or modification of the User's data by a third
party; (3) costs and losses incurred by the User during use of the Software;
(4) misunderstanding by the User of the Software; (5) other losses in
connection with the Software for reasons not attributable to Chunmi.
6.8.
In the event of any personal or economic damages or losses that have been or
may be caused due to the conduct performed by the User and other software users
through any software, or due to the User's being misled or deceived, the
faulting party shall assume all liabilities arising thereof.
7.1. Chunmi is the
intellectual property right holder of the Software. All intellectual property
rights such as copyright, trademark, patent, trade secret, etc. relating to the
Software, and all information related to the Software (including but not
limited to text, pictures, audio, video, graphics, interface design, layout,
data or electronic documents, etc.) are protected by local
laws and regulations and corresponding international treaties. Chunmi enjoys
the above intellectual property rights, except for Xiaomi / Mijia / Mitu
trademark.
7.2 Without the
prior written consent of Chunmi, the User shall not independently use or
transfer any of the above intellectual property rights for any commercial or
non-commercial purposes, or permit any third party to do so. Chunmi reserves
the right to pursue legal liability for such acts.
8.1.
Chunmi reserves the right to amend the terms of this Agreement from time to
time at its sole discretion, and any such amended terms will be timely
published on relevant web pages. If you do not agree to any amendment, you
shall take the initiative to cancel the services. If you continue to use the
services, it shall be deemed your acceptance of the amended Agreement.
8.2.
Chunmi or the Partner reserves the right from time to time and at its sole
discretion to modify or change the paid services provided, the charging
criteria, charging mode, service charges or service terms. In providing the
services, Chunmi may start to charge some users for certain fees now or in the
future. If the User refuses to pay such fees, the User will not be able to
continue using relevant services after the charging starts. Chunmi
and the Partner will do their utmost to notify the User of any amendments or changes
by email or otherwise.
9.1. The validity
and interpretation of this Agreement shall be governed by the laws of the
Mainland of the People's Republic of China. In the absence of relevant legal
provisions, reference may be made to international business practices and/or
business practices.
9.2.
This Agreement is signed in Pudong New District, Shanghai.
9.3.
Both the User and Chunmi agree that any dispute arising from the services shall
first be settled through consultations by the Parties. If no settlement can be
reached through such consultations, either Party may submit the dispute to the
court of competent jurisdiction over the place where this Agreement is signed.
10.1. For any
specific service of the Software, there may be a separate agreement and related
business rules, etc. (hereinafter collectively referred to as the
"separate agreement"), so please read and agree to relevant separate
agreement before using such specific service.
10.2. This
Agreement shall enter into force on the Oct 26th , 2018.
10.3. The headings
to all the terms of this Agreement are for ease of reference only and shall be
ignored in interpreting this Agreement.
10.4. If any
provision of this Agreement is or becomes invalid or unenforceable for whatever
reasons, the remaining provisions hereof shall remain in full force and effect
and binding upon both Parties hereto.
Chunmi